BERLIN (JTA) – A German court has decided not to put on trial a 94-year-old man who worked as a medic in Auschwitz, after finding that he is mentally unfit to stand trial.

The district court of Neubrandenburg on Monday announced the decision in the case of Hubert Z, who is charged with complicity to murder.

However, the state prosecutor in Schwerin is considering an appeal of the decision, the SVZ online newspaper reported.

The defendant suffers from dementia,  the court found, and also found that his mental state is worsening and that there is no chance of improvement.

He had been charged as an accomplice in the murders of 3,681 people in the death camp’s gas chambers from Aug. 15, 1944 – Sept. 14, 1944. He reportedly was a member of an SS paramilitary unit at the time.

A spokesperson for the prosecution, Stefan Urbanek, told the SVZ that there also is “evidence that the defendant could stand trial.”

The state of Mecklenburg-Western Pomerania reportedly has investigated an additional 15 cases over the last two decades, but never brought them to trial, due to lack of evidence of personal involvement in crimes, according to reports.

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